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DAIRY ROAD PARTNERS v. ISLAND INS.

Nos. 21402, 21439.

992 P.2d 93 (2000)

92 Hawai`i 398

DAIRY ROAD PARTNERS, dba Dairy Road Shell, Plaintiff-Appellee/Cross-Appellant, and Shell Oil Company, Plaintiff, v. ISLAND INSURANCE COMPANY, LTD., a Hawai`i corporation, Defendant-Appellant/Cross-Appellee.

Supreme Court of Hawai`i.

Reconsideration Denied February 22, 2000.

Attorney(s) appearing for the Case

Eric S. Yamagata, Honolulu, for the plaintiff-appellee/cross-appellant Dairy Road Partners, dba Dairy Road Shell.

Roy F. Hughes and Ross N. Taosaka (Hughes & Taosaka) Honolulu, for the defendant-appellant/cross-appellee Island Insurance Co., Ltd.

MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, and RAMIL, JJ.

Opinion of the Court by LEVINSON, J.

In this consolidated appeal, both parties1 challenge portions of the first circuit court's orders granting in part and denying in part their cross-motions for summary judgment. The case arises out of a complaint filed by the plaintiff-appellee/cross-appellant Dairy Road Partners, dba Dairy Road Shell [hereinafter, DRP], and the plaintiff Shell Oil Company [hereinafter...

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